BILL 69

Gift Cards Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definition of “gift card”

1 In this Act, “gift card” means, subject to the regulations, an electronic card, written certificate or other voucher or device with a monetary value, that is issued or sold in exchange for the future purchase or delivery of goods or services, and includes a gift certificate.

Application

2 This Act applies to gift cards issued or sold on or after the day this Act comes into force, except as may be provided in the regulations.

No expiry date

3(1) No person shall issue or sell a gift card that has an expiry date, except as may be provided in the regulations.

3(2) A gift card that is issued or sold with an expiry date in contravention of subsection (1) is redeemable as if it had no expiry date if the gift card is otherwise valid.

3(3) A gift card that is issued or sold without an expiry date is valid until fully redeemed or replaced.

Limit on fees

4(1) No person shall issue or sell a gift card for less than the value of the payment made by the purchaser of the gift card.

4(2) No person shall charge a fee to the purchaser or holder of a gift card for anything in relation to the gift card, except as may be permitted by the regulations.

4(3) A purchaser or holder of a gift card who paid a fee that was charged in contravention of subsection (2) may demand a refund of that fee by giving written notice to the person who charged the fee within one year after the date on which the fee was paid.

4(4) A person who receives a notice demanding a refund under subsection (3) shall provide the refund within 15 days after receiving the notice.

Disclosure of information

5(1) A person who issues or sells a gift card shall clearly disclose the following information at the time the gift card is issued or sold:

(a)  all restrictions, limitations, terms and conditions imposed in respect of the use, redemption or replacement of the gift card, including any permitted fee or expiry date;

(b)  a description of the way in which a consumer can obtain information respecting the gift card, including any remaining balance; and

(c)  any other information as may be required by regulation.

5(2) The information described in subsection (1) shall be provided in the manner and form as may be prescribed by regulation.

Offences

6(1) A person who violates or fails to comply with any of the following provisions commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence:

(a)  subsection 3(1);

(b)  subsection 4(1);

(c)  subsection 4(2); and

(d)  subsection 5(1).

6(2) A person who violates or fails to comply with a provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

Regulations

7 The Lieutenant-Governor in Council may make regulations

(a)  extending or limiting the meaning of “gift card”;

(b)  exempting classes of gift cards from the application of this Act or any provision of it;

(c)  exempting classes of persons who issue, sell or redeem gift cards from the application of this Act or any provision of it;

(d)  governing the use of expiry dates for gift cards that are exempt from subsection 3(1);

(e)  respecting the imposition of restrictions, prohibitions and other terms and conditions on the issuance, sale, redemption, replacement and use of gift cards;

(f)  governing any fees that may be charged in relation to gift cards, including prescribing the amount of a fee or a method of determining the amount of a fee;

(g)  prescribing information to be provided in relation to gift cards, and the manner and form of providing that information;

(h)  defining any word or phrase used but not defined in this Act;

(i)  respecting any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.